A MILLIONAIRE businessman's ex-lover has won the right to stay in the house the couple shared, which she had believed he gave her as a gift.

Samira Ajour, 38, was told by Judge Gordon Murdoch that she could remain in the house in Rochester High Street she now shares with her husband and two children.

Her former lover, Leonard Smith, was told he could retain the basement and ground floor of the premises and continue to run a business from there.

After the hearing at Medway County Court, Miss Ajour said: "It's a real weight off my mind and I'm just glad it's all over. The proceedings were started two weeks before I got married so we are looking forward to properly starting our marriage now."

The judge ordered the name be changed on the title deeds from Mr Smith to Miss Ajour and that the tenants, occupying the shop premises and paying rent to Miss Ajour leave within 28 days.

The two parties were left to negotiate access to the garden out of court or allow the Land Registry to decide who owned the land.

Judge Murdoch said: "I think the defendant (Miss Ajour) was led to believe she would have an interest in the property as secure as the council tenancy she was being persuaded to abandon.

"However, she was claiming housing benefit, indicating that she had no interest in the property and although it may have been the original intention of Mr Smith to name her on the deeds, this plan was changed."

Mr Smith, 55, who is also a Medway magistrate, brought his former lover to the county court with the intention of having her evicted, claiming the house was never given to her as a gift.

The pair met at the Roffen Club in New Road Rochester, in 1993 when Miss Ajour worked there as a barmaid. They soon started a relationship, despite Mr Smith being married and continued as a couple until 1999.

During that time, Mr Smith helped Miss Ajour set up a photography business and bought the house in Rochester High Street for her to move into. She left her council house in Gillingham, which she moved into after the break up of her first marriage.

When the pair split up in early 2000, Mr Smith allowed her to remain in the house and pay rent when she could afford it or when she met someone else. But the relationship deteriorated and Mr Smith decided to bring Miss Ajour to court.

Mr Smith's counsel refused to comment after the hearing.